Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A domestic violence injunction can be appealed, but what happens when the injunction expires while the appeal is pending? Usually, expiration of the injunction renders the appeal moot, which means since the injunction is no longer in effect, there is no issue to appeal anymore. This was a topic in the case Waite v. Chapman, 2D19-4680 (Fla. 2d DCA June 18, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent is awarded ultimate decision-making authority over children in Florida, what does this mean? This generally means the parent is the sole authority on major decisions regarding the children such as what doctor they see, what school they attend, etc. That parent is required to consult with the other parent, but if the two parents agree, the parent with ultimate decision-making authority gets the final say. This was an issue in the case Louis v. Louis, 4D19-1195 (Fla. 4th DCA July 7, 2021).
Posted by Nydia Streets of Streets Law in Florida Holidays
What is Labor Day? According to the U.S. Department of Labor, it is “is an annual celebration of the social and economic achievements of American workers. The holiday is rooted in the late nineteenth century, when labor activists pushed for a federal holiday to recognize the many contributions workers have made to America’s strength, prosperity, and well-being.”
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
September 4 is Macadamia Nut Day and what a great part of Labor Day Weekend! Try savory and sweet recipes using this versatile snack.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a Florida domestic violence court enters an order regarding time-sharing, how does this affect any time-sharing orders entered separately in a family court? Generally the family court has priority in any decisions affecting the best interest of the children. This was an issue in the case Caddy v. Robinson, 4D20-894 (Fla. 4th DCA June 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a romantic relationship ends, the break-up may lead to unwanted communication or contact from a former partner. When this communication or contact crosses the line from harmless to distressing, a party might seek a domestic violence injunction, particularly related to stalking. This was an issue in the case Ditana v. Edwards, 4D20-1619 (Fla. 4th DCA June 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Therapists and guardians ad litem can be appointed in Florida child custody cases to assist the court in determining what is in the best interest of a child. However, there is a fine line between taking recommendations from these professionals and allowing them to determine when or how time-sharing should occur, for example. This was an issue in the case Barrack v. Barrack, 4D21-536 (Fla. 4th DCA June 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
In order to modify a Florida parenting plan, a party must file a petition and not a motion. A petition is different from a motion because it requires that a process server deliver the petition to the opposing party and the opposing party has the opportunity to respond with an appropriate pleading. This was discussed in the case Patel v. Patel, 1D20-3231 (Fla. 1st DCA July 19, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
August 28 is National Thoughtful Day. According to nationaldaycalendar.com, this is a day set aside to show how we value each other. One way to be thoughtful is to make a meal for someone you love or care about. Here are some recipe ideas to help you celebrate those you value in your life.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
The Florida Statutes authorize a person to seek an injunction against dating violence. In order to obtain such an injunction, the person must show with competent, substantial evidence that he or she is in imminent fear of another future act of violence. This was an issue in the case Whitfield v. Meeks, 1D20-2974 (Fla. 1st DCA July 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Same-Sex Family Law
If a couple is together for many years prior to the time they marry, can the time they were together before they married be considered in determining how long alimony should be paid? Section 61.08 of the Florida Statutes provides the framework for deciding how long and how much alimony should be awarded. This was an issue in the case Taylor v. Davis, 1D20-561 (Fla. 1st DCA July 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Will a parent’s drinking problem affect his or her time-sharing in a Florida child custody case? Florida Statute 61.13 authorizes a court to consider “the demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse” when creating a parenting plan. Therefore, yes, a drinking problem will likely have an effect on the outcome of the case. This was an issue in Gugliemi v. Gugliemi, 1D19-1578 (Fla. 1st DCA July 6, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
What if there is a mistake in your Florida marital settlement agreement? How can it be fixed? Whether or not it can be fixed depends on how long ago the agreement was entered, and the nature of the mistake. In the case Asad v. Sheikh, 5D21-316 (Fla. 5th DCA July 9, 2021), the court considered an appeal concerning a retirement account in the parties’ marital settlement agreement.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Happy Friday! This weekend, we thought we would celebrate caramel - for no other reason than what’s not to love about caramel?! Check out these sweet recipes.
Posted by Nydia Streets of Streets Law in Florida Alimony
If a party who is receiving alimony re-marries or is in a supportive relationship, depending on the terms of a final judgment or settlement agreement, that party may be at risk of losing his or her alimony payments. This is because the party’s new partner is providing financial support to the party that reduces or eliminates the party’s need for alimony. This was an issue in the case Klokow v. Klokow, 5D19-2766 (Fla. 5th DCA July 2, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a party violates a temporary domestic violence injunction, can a permanent injunction be entered as a sanction? A temporary injunction is entered without a hearing. The permanent injunction is entered once a full hearing occurs. When parties are neighbors, enforcement of an injunction may be tricky. All of these issues were present in the case Peck v. Rosado, 5D20-2099 (Fla. 5th DCA June 25, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a status quo order in a Florida divorce? Many jurisdictions in Florida have this administrative order in place which automatically applies to most family law cases once filed. The status quo order usually contains provisions that require parties to continue to pay common household expenses such as utilities, health insurance premiums, etc. This is so that a spouse who does not pay these bills does not have to worry that these services will be in jeopardy once a divorce case is filed. A status quo order was the subject of the case Lykkebak v. Lykkebak, 5D20-1927 (Fla. 5th DCA June 18, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
What expenses are taken into account when the Court determines how much Florida alimony a party can afford? When ordering spousal support to be paid, a court must review the need of the spouse asking for alimony and the ability of the other spouse to pay it. This requires review of each party’s living expenses. Certain living expenses are excludable when reviewing a party’s need or ability to pay. This was an issue in the case Smith v. Smith, 5D20-659 (Fla. 5th DCA May 28, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
National Creamsicle Day is August 14, followed by National Relaxation Day on August 15 - Celebrate both with these unique creamsicle recipes you can enjoy wherever you feel most relaxed!
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can you amend your Florida family law petition? Sometimes parties forget to ask for certain relief in their pleadings such as alimony. If relief is not requested in a petition, it usually cannot be granted by the court. This is why permission to amend pleadings are liberally granted. But there are limits. This was an issue in the case DiGiacomo v. Mosquera, . 3D20-463 (Fla. 3d DCA June 16, 2021).
